Welcome to the website of DBJRG (Den Brook Judicial Review Group)
Join Us! Any voluntary work, big or small is very welcome. Anything from leafleting and speaking to local people or fundraising with help. New ideas also welcome. Contact details below.
We are a group of local residents from Spreyton, North Tawton and Bow who are very concerned about the proposed Den Brook Wind Farm that Renewable Energy Systems (RES) want to erect very close to our homes and businesses. We believe:
- There is real danger of a serious noise nuisance and RES are brushing this under the carpet.
- RES has not shown that this wind farm will benefit the general taxpayer. The "green" value of the site has not been demonstrated.
- The concerns and rights of local people are being pushed aside in the stampede to meet government targets by means of the significant financial rewards put in place for developers such as RES.
NEWS UPDATE 04/02/2010 Den Brook – current situation and future action
As you may all already know, the Inspector for the Public Inquiry granted RES approval for the Wind Farm development, subject to planning conditions, including an unprecedented condition regarding noise levels. Click here to see the full Decision. Although the Decision was obviously disappointing, the struggle is not over. Legal and noise experts have advised that the hard won noise condition, which aims to protect local residents, is defectively worded and therefore unenforceable and as a result does not provide essential protection in the event of an excessive noise nuisance.
There are those in the DBJRG that feel unable to further commit the enormous amount of time and effort that will be required to continue to challenge approval of the development so a restructuring of the group has been agreed. A limited company, DBJRG Ltd., was set up within the DBJRG to oversee and limit cost liabilities. The limited company is now to be wound up, but the DBJRG is to continue with Mike Hulme taking forward, in his own name, an appeal of the Inspector’s decision to the High Court in London. As well as challenging the noise condition, legal advice is that several other aspects of the Inspector’s decision are considered to err in law and 10 grounds have been lodged for the Appeal.
We hope you will feel able to continue to support the DBJRG and Mike’s herculean efforts to achieve the desired result in this struggle – please feel free to contact Mike by post: Coxmoor, Spreyton, Crediton, Devon. EX17 5AR or email him at: info@denbrookvalley.co.uk or by phone: 01363 82220. It goes without saying, the DBJRG and he will welcome your support, and any financial or other help you may still feel able to offer.
NEWS UPDATE
Tues 15th December.
The Outcome of the Public Enquiry Announced. Please see our latest press release
BREAKING NEWS........ 8TH DECEMBER 2009..............GOVERNMENT SUPPRESSES NOISE PROTECTION EXPERT ADVICE
New Evidence Shows that Government Suppressed Expert Advice to Lower Wind Turbine Noise Limits Intended to Protect Residents
Summary
New evidence released by the Dept. of Energy and Climate Change under a Freedom of Information request shows that Government suppressed a recommendation by its own acoustics consultants to tighten current noise regulations on wind turbines in order to protect local residents from night time noise. This does little credit to the Department, and must be corrected immediately.
Introduction
In 2006 the Government published a crucial report on wind turbine noise and its effects on nearby residents by Hayes McKenzie Partnership (HMP) . This study has been used to support the view that there is no reason to revise existing Government wind farm noise guidelines, nor that there are any health ramifications of turbine noise at neighbouring dwellings.
Mr Mike Hulme of the Den Brook Judicial Review Group, a group of local residents opposing a wind turbine development close to their houses in Devon, submitted a Freedom of Information (FOI) request asking to see all draft versions of this study.
The Government, that is the Department of Energy and Climate Change (DECC), refused the request, claiming that it was not in the public interest for these to be released.
Mr Hulme appealed against this decision, and the appeal was upheld by the Information Commissioner . Consequently the Government has been obliged to release earlier drafts of the HMP report.
The drafts reveal that the final published report silently removed earlier recommendations that:
1. the night time wind turbine noise limit should be reduced from 43dB to 38dB, and,
2. in the event that the turbine noise has a discernible beating character, the limit should be further reduced to 33dB.
The Department of Energy and Climate Change (DECC) had sought to suppress the drafts, claiming that it was not in the public interest for these to be released. However, the Information Commissioner overruled DECC. The Commissioner’s report says:
the Commissioner is conscious that climate change and the need to seek safe and viable alternatives to fossil fuels are major political issues. Therefore, the Commissioner believes that disclosure of this information could be used to feed into the debate with regard to what role wind farms should have in seeking to reduce the UK’s carbon emissions and how that should be balanced with regard to the potential effect that wind farms could have on people’s health.
Read more:
i) Commentary in full click here
ii) ICO findings click here
iii) Released draft HMP reports click on:
Draft 1
Draft 2
Draft 3
iv) The released emails click here ________________________________________________________________________________________
NEWS UPDATE 01/11/2009 - Public Inquiry Ends. Decision Due at the End of Year.
DBJRG are pleased to announce that the final stage of the public inquiry ended on Monday 16th October 2009. We felt that our experts put together an excellent case against RES, the Developer, and we would like to thank our team for all their hard work, commitment and professionalism. We understand that a Decision from the Inspector should be expected by the end of the year.
For a summary of the arguments put to the Inspector, please click here DBJRG Closing Statement RES Closing Statement . For a short summary please click here Crediton Courier.
We are shocked to find that RES are attempting to claim for costs against West Devon Borough Council. Yet RES consented to the Second Inquiry. For details please click here Any successful claim for costs against the Council is likely to lead to an increase in the Council Tax for local people.
People may be aware that RES have just put out publicity stating that they are considering offering local people the option to buy shares in the windfarm. Please be aware that financial involvement with the project implies acceptance of higher noise levels in your property. So we would strongly advise you to read the small pring before accepting.
DBJRG would like to thank all our contributors and supporters for their commitment and involvement over the last few years. DBJRG are continuing to fundraise as not all bills have been paid, so please don't disappear now, we still need you! We do feel, however, that a very good job has been done and would like to thank all contributors, large or small, without whom this would not have been possible.
Please watch this space for oncoming Fund Raising Events.
NEWS UPDATE - Inquiry Reconvenes on Tues 20th October - Mon 26th October 2009
The Inspector has confirmed that the Noise Evidence which was adjourned on 3 August as the Inquiry ran out of time, will now be heard between Tues October 20 - Mon 26th October 2009. The Venue is Ockment Community Centre, North Street, Okehampton, EX20 1AR. The Evidence will be heard first from DBJRG witnesses and then from RES' witnesses.
The Inquiry is open to the general public and we openly encourage local people to attend. Please contact DBJRG if you would like to know more. As ever, donations to the cause are very welcome. We are still fundraising to cover our legal and expert costs. Click here to donate online.
NEWS UPDATE 24th July 2009
Public Inquiry: Noise Evidence Adjourned to October 21st - 26th 2009
After only 2 days it has become obvious to all that the Inquiry will run out of time. Not all the evidence can be heard by 3 August. The noise evidence has therefore been adjourned to 21st - 26th October 2009.
Both DBJRG and WDBC had advised the Planning Inspectorate in the last few weeks that not enough time had been allocated for the Inquiry. But RES objected strongly to an adjournment insisting that it was possible to cover all topics. RES then fired a last minute surprise by introducing a new expert witness only days before the Inquiry began, which deepened the timing problem.
The Inquiry will continue as planned for all the other topics; landscape, policy, energy generation etc. Anyone wishing to speak and make their views heard to the Inspector can do so on 28th July [Tuesday evening] and 31st July [Friday afternoon] next week.
The evidence heard so far includes landscape and archaeology from WDBC's expert witnesses claiming that the wind farm proposed by RES is poorly designed and inappropriately sited, and will have unacceptable and damaging impacts not only on the Den Brook Valley but surrounding areas of the tranquil Devonshire countryside; which of course include the Dartmoor National Park. James Paxman, Chair of the Dartmoor Preservation Association, delivered a strong and powerful submission on behalf of the CPRE adding to and in full support of the evidence from WDBC
To be continued at 10am Mon 27th July with professional evidence from Sarah Reynolds of The Landscape Partnership. Please come along and show your support at any of the remaining days. Provisional Timetable has been amended to the following:
Mon 27th July - Landscape - DBJRG (Sarah Reynolds) and RES (Colin Goodrum)
Tues 28th July - Landscape con and Policy - WDBC (Jane Hart) EVENING: statements from the Public on ALL topics including Noise
(known as "3rd Party Submissions")
Weds 29th July - Policy - CPRE (T Hale/P Bratby) and RES (D Stewart)
Thurs 30th July - Policy Con? and Ecology - DBJRG ( IBuxton) and RES (S Holloway)? (not yet clear whether Thursday is needed for evidence)
Fri 31st July - Site Visit and Statements from the Public on ALL topics including Noise (known as "3rd Party Submissions")
(not yet clear whether the 3rd Party submissions are all day or afternoon only)
The 3 months delay for presenting our noise case will add further to the difficulties with financing our work. We ask all those who support the DBJRG in trying to bring the truth about noise issues with wind farms into the public view to help and donate whatever they can to assist us. To donate, please click here.
NEWS UPDATE 10th July 2009
PUBLIC INQUIRY extended: starts 23 July 2009 for 8 days - to 3 August 2009 before Inspector Pykett
The Inquiry is due to start at 10am at Okehampton College Gym, Okehampton College, Mill Road, Okehampton, EX20 1PW.*
*Disabled people who may be concerned about facilities at the inquiry should write to the venue or contact WDBC
The provisional timetable (subject to change by the Inspector) for the Inquiry is a follows:
Thurs 23th July - Opening Speeches and Landscape Issues
Fri 24th July - Landscape Issues
Mon 26th July - Policy Issues
Tues 28th July - Policy Issues
Weds 29th July - Noise Issues
Thurs 30th July - Noise Issues
Fri 31st July - Noise Issues
Mon 3rd Aug - Site Visit and Closing Speeches
The formal parties presenting evidence are Denbrook Judicial Review Group (DBJRG), Renewable Energy Systems (RES), West Devon Borough Council (WDBC) and the Campaign for Protection of Rural England (CPRE). There will be an opportunity for members of the public (called 3rd parties) to put their points of view, together with local parish councils and other interested groups. We have asked that this be timetabled for an evening as well as during the day. The actual date for 3rd party comments will be decided on the first day of the Inquiry. DBJRG would encourage all local people to come and make their views heard, in the spirit of local democracy. Members of the public wishing to speak will need to register to do so on the first day of the Inquiry.
DBJRG are being represented by a very thorough and eloquent expert and legal team.There is clear and unequivocal evidence that the noise from the turbines could extend far further than RES predicted when they first applied for planning permission, meaning that many more local people and properties are likely to suffer noise pollution. RES themselves now acknowledge that their earlier predictions are no longer accurate. It is largely down to the campaigning and legal action of DBJRG that they have been forced to acknowledge this.
DBJRG are also putting forward expert evidence on landscape issues, on why our tranquil, rural community and environment is not the right place for huge, industrial turbines. On this aspect, another local group, DBVAG are also helping - please see the DBVAG website: http://www.denbrook.co.uk/.
Please everyone come along to the Inquiry and voice your concerns, or just show your support. This is our environment and no one else will ensure we are protected against noise and industrialisation. It is down to us.
PLEASE send donations to cover our legal and expert costs to: Nick Jewell, Treasurer, DBJRG. Lynderies , Spreyton, EX17 5AN. Cheques made payable to DBJRG. Or you can donate online (link to donations page)
NEWS UPDATE 19th April 2009
PUBLIC INQUIRY - 23 July 2009 for 6 days with Inspector Pykett.
The Inquiry is planned to open at 10.00 at Okehampton College Gym, Okehampton College, Mill Road, Okehampton EX20 1PW*.
A PIM (Pre Inquiry Meeting) is to take place on 01/06/2009 at Spreyton Village Hall, starting at 10am. At the PIM, DBJRG, West Devon Borough Council and RES, the developers will be discussing with the Inspector, the most appropriate way to run the Inquiry. Member of the public are welcome to attend. DBJRG will be represented by our barrister.
Mike Hulme of DBJRG, and our experts have now spent many hours examining the new information RES has supplied in support of their application for the wind farm. There is clear and unequivocal evidence that the noise from the turbines could extend far further than RES predicted when they first applied for planning permission, meaning that many more local people and properties are likely to suffer noise pollution.
RES themselves now acknowledge that their earlier predictions are no longer accurate. It is clear that RES' latest predictions are yet again fundamentally flawed and continue to seriously understate the noise problems. Even the professional body which represents this country's acousticians, the Institute of Acousticians, is currently reviewing the way in which acousticians working on behalf of developers such as RES have repeatedly under predicted noise impacts from wind farms over past years.
DBJRG will also be providing evidence at the Inquiry and the PIM regarding the impact the windfarm will have our our landscape and surroundings. More details will follow.
*Disabled people who may be concerned about facilities at the inquiry should write to the venue or contact WDBC.
NEWS UPDATE ....... 03 APR 2009.
RES have now supplied some new Environmental Impact data and information . We do not yet know how complete it is as it has been supplied in an unwieldy and difficult to access format.
Everyone is welcome to consult the information which is on display at Bow Londis Stores and North Tawton post office. Be warned, it is very cumbersome to consult!
We have asked RES to publicise the information in way that will mean people can actually use it but do not know how or whether they will respond.
We are pleased to report that 2 recent Windfarm applications have been turned down by the Inspector. The Shipdham case is particularly favourable to us as it recognises some of the noise issues that are relevant to Den Brook Valley. Here are the judgements:
PUBLIC INQUIRY POSTPONED - WAS MARCH 2009, NEW DATE UNKNOWN
Some of you may have received notice from WDBC notifying postponement of the Den Brook wind farm Inquiry which was due to take place on 10/03/2009.
The postponement results from letters submitted to the Planning Inspectorate (PINS) made by the Den Brook Judicial Review Group (DBJRG) together with many from supporters - it's encouraging that our combined voices are effective against the might of corporate and Government organisations!
Our view is that the Inquiry cannot take place until we have received all the noise and other data we need from the developers, RES. We understand that they are undertaking new tests. DBJRG has also requested further information we believe we need to assess noise and other issues prior to the Inquiry.
The new data requested includes all the anemometry wind speed data and associated information that is essential for accurate evaluation of the proposed wind farm and its likely noise and other impacts. Only very recently, for example, have the wind farm developers reluctantly acknowledged that CO2 savings from wind farms are only half [430g rather than 860g CO2/kWh] that previously claimed. Is there any wonder that we are concerned about the truthfulness of information provided by the developers?
We requested the extra data in early November last year and although RES indicated they would let us know by the end of that month, we have still not received any further notification or the information requested.
You may recall that RES previously denied access to the noise data for more than 3 years. When it was eventually released following our High Court action, the noise data assessment turned out to be significantly flawed. Planning permission for the Den Brook wind farm was subsequently and rightly quashed by a Court of Appeal Consent Order and sent back to PINS for re-determination.
Continuing our endeavours to uphold local democracy and establish a level playing field for the forthcoming Public Inquiry (possibly later this year) requires an enormous amount of voluntary work from core members of the DBJRG. We would welcome any help you feel able to give.
DBJRG have engaged the most experienced professional expertise to ensure our case is assessed and put forward in the best possible way. Whilst enormously thankful for all your ongoing support, please, if you are able, continue to donate whatever you can. Our efforts must continue in order to challenge shortfalls within the developer's assessments and ensure the 9 x 125 meter-high turbines are not unreasonably foisted on our currently tranquil local environment without a full and proper evaluation of the known detrimental impacts.
Thank you for your continued support.
Den Brook Judicial Review Group
What Can You Do?
- Join Us! Any voluntary work, big or small is very welcome. Anything from leafleting and speaking to local people or fundraising with help. New ideas also welcome. Contact details below.
- Give Generously!We are a local community group without a lot of funds compared to the enormous resources of RES. It may take months before RES pay the legal costs from the case we have just won and we need to fund professional help now.
- Write to the Developers! You are free to ask any questions you want, to say whether and/or why you are against the Wind Farm, or ask for information relating to your home. Helen Hall, RES UK & Ireland Ltd, Beaufort Court, Egg Farm Lane, Kings Langley, Hertfordshire, WD4 8LR T: 01923 299267
This is our last opportunity as a community to put our views. So call us or email now to find out more:
Email the DBJRG team at: info@denbrookvalley.co.uk
Mike Hulme 01363 82220 or info@denbrookvalley.co.uk